District 11 candidate accused of violations

Candidate Dave Joseph has been accused of violating Clean Elections law in his bid to represent Legislative District 11 in the state House of Representatives.

A complaint filed with the Citizens Clean Elections Commission alleges that the "Dave for LD11" campaign broke the law by sending mailers to registered Republicans during the primary season -- Joseph is a Democrat -- and spending primary funds on general-election materials.

Both activities are prohibited by the Citizens Clean Elections Act. Joseph, of Oro Valley, is running with Clean Elections funds.

In lodging the complaint last week, Pinal County Republican Committee Chairman Steve Kohut included an image of a "Dave for LD11" mailer addressed to Jamie Smith, a registered Republican and wife of one of Joseph's general-election opponents, Sen. Steve Smith, R-Maricopa. The mailer was undated, but Kohut said it had been sent during the primary.

Kohut also took issue with several of Joseph's campaign expenditures:

$3,302.57 on Aug. 28 for campaign signs Kohut said weren't posted until after the Aug. 28 primary.

$5,050 on Aug. 21 on fliers, handouts and doorhangers that Kohut alleged would have paid for far more product than could have been distributed in a week.

According to Clean Elections rules, candidates must return to the commission money they don't spend. Funds allocated in the primary can only be spent on primary materials; the same rule applies in the general.

"You know, I think people forget this is taxpayer money, and it's not a game and people want to game the system," Kohut told The Republic.

Joseph, Smith and Adam Kwasman, a Republican who also lives in Oro Valley, are vying to fill two House seats in District 11. Smith and Kwasman are not using public funds in their campaigns.

Joseph said he wasn't aware of the Clean Elections complaint when reached by phone Friday. He didn't provide a comment after The Republic gave him a copy.

Commission spokesman Daniel Ruiz said Joseph has five days to respond to the complaint once he receives official notification. Clean Elections staff has yet to determine if the complaint will be sent to the commission with a recommendation for review. That could happen at its next public meeting in November, Ruiz said.